Archive | October, 2013

Pleading Indirect and Willful Patent Infringement Requires Specific Allegations

Claims for induced, contributory, and willful patent infringement were dismissed (without prejudice) because the plaintiff failed to allege facts sufficient to support its claims.  Unisone Strategic IP, Inc. v. Life Techs. Corp., No. 3:13-cv-1278-GPC-JMA (S.D. Cal. Oct. 22, 2013).  The plaintiff had alleged infringement of U.S. Patent No. 6,996,538, directed to “[a] system and method […]

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When Can a Patent Plaintiff Amend Infringement Contentions?

Where a plaintiff demonstrated that it could not have known of certain alleged bases for infringement prior to inspecting a defendant’s source code, the court allowed the plaintiff to add certain claims to its infringement contentions.  United States Ethernet Innovations v. Acer, Inc., No. C 10-3724 CW (N.D. Cal. Oct. 11, 2013). Intel had intervened […]

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Attorney General Ordered Enjoined from Issuing Order to Cease and Desist Filing Patent Lawsuits

Holding that a patent owner had standing to contest a cease and desist order directed to its counsel, the U.S. District Court in Nebraska has entered a preliminary injunction prohibiting the Nebraska Attorney General from enforcing that cease and desist order. Activision TV, Inc. v. Pinnacle Bancorp, Inc., No. 8:13CV215 (D. Neb. Sept. 30, 2013). […]

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Patent Invalidity for Indefiniteness When a Claim Recites Two Statutory Classes

A patent claim directed to a “computer readable medium encoded with computer program for performing contextual searches on an Internet Phone (IP) phone” was held invalid under 35 U.S.C. § 112, ¶ 2, as indefinite because the claim recited user actions in the context of steps that otherwise functionally limited the claimed apparatus. H-W Tech., […]

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